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Los Angeles Team Secures Summary Judgment for Hotel Owner & Manager in Tenant’s Lawsuit

Los Angeles, Calif. (June 11, 2024) - Los Angeles Partners David Samuels and Meegan Moloney recently obtained summary judgment for the owner and manager of a Southern California hotel in a lawsuit brought by a tenant who alleged that she suffered injuries due to the presence of mold in her leased space.

The plaintiff had entered into a commercial lease for space within the Crowne Plaza Hotel in Redondo Beach, California, for use for her spa and massage business. The lease contained "exculpatory provisions" absolving Lewis Brisbois' clients "from any and all liability and responsibility for any loss, injury or damage incurred or claimed by reason of damage to property located on the leased premises."

Shortly after taking possession of the space in September 2019, the plaintiff claimed she became ill and subsequently discovered the presence of mold in the heating, ventilation, and air conditioning ducts. In October 2022, she sued the hotel's owner and manager, asserting a host of claims including negligence, fraud - negligent and intentional misrepresentation, negligent infliction of emotional distress, breach of contract, breach of covenant of quiet enjoyment, private nuisance, and unfair business practices. 

The hotel owner and manager moved for summary judgment as to all counts. Los Angeles Judge David K. Reinert granted the motion in its entirety. 

With respect to the negligence cause of action, the judge found that the exculpatory clauses in the lease agreement provided a shield to liability for the defendants. 

Judge Reinert further agreed with Lewis Brisbois' clients that the plaintiff's counts for negligent infliction of emotional distress, breach of covenant of quiet enjoyment and private nuisance are all time-barred by the applicable two-year statute of limitations. 

Turning to the plaintiff's fraud-based claims, Judge Reinert said those counts fail because the plaintiff could not establish any misrepresentations made by the defendants regarding the condition of the space at the time she entered into the lease. And since the plaintiff's count for unfair business practices is predicated on those fraud-based claims, it must fail as well, the judge held.

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